|
U.S. Code as of:
01/19/04
Section 1036. Pasteurization and labeling of egg products at official plants
(a) Contents of label
Egg products inspected at any official plant under the authority
of this chapter and found to be not adulterated shall be
pasteurized before they leave the official plant, except as
otherwise permitted by regulations of the Secretary, and shall at
the time they leave the official plant, bear in distinctly legible
form on their shipping containers or immediate containers, or both,
when required by regulations of the Secretary, the official
inspection legend and official plant number, of the plant where the
products were processed, and such other information as the
Secretary may require by regulations to describe the products
adequately and to assure that they will not have false or
misleading labeling.
(b) False or misleading or use of nonapproved labeling or
containers; determination by Secretary; procedures applicable;
appeal
No labeling or container shall be used for egg products at
official plants if it is false or misleading or has not been
approved as required by the regulations of the Secretary. If the
Secretary has reason to believe that any labeling or the size or
form of any container in use or proposed for use with respect to
egg products at any official plant is false or misleading in any
particular, he may direct that such use be withheld unless the
labeling or container is modified in such manner as he may
prescribe so that it will not be false or misleading. If the person
using or proposing to use the labeling or container does not accept
the determination of the Secretary, such person may request a
hearing, but the use of the labeling or container shall, if the
Secretary so directs, be withheld pending hearing and final
determination by the Secretary. Any such determination by the
Secretary shall be conclusive unless, within thirty days after
receipt of notice of such final determination, the person adversely
affected thereby appeals to the United States court of appeals for
the circuit in which such person has its principal place of
business or to the United States Court of Appeals for the District
of Columbia Circuit. The provisions of section 194 of title 7,(!1)
shall be applicable to appeals taken under this section.
|
|